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Administrative Law

- Part of public law which fixes the


organization and determines the
competence of the administrative
authorities, and indicates to the
individual remedies for the
violation of his rights.
- The law that governs the
organization,
functions
and
procedures
of
administrative
agencies of the government to
which (quasi) legislative powers
are delegated and (quasi) judicial
powers are granted, and the
extent and manner to which such
agencies are subject to control by
the courts.(SEC vs. Chenery Corp.
332 US 194)
Kinds
1. Statutes setting up administrative
authorities.
2. Rules, regulations or orders of such
administrative
authorities
promulgated pursuant to the
purposes for which they are
created.
3. Decisions or orders of such
administrative authorities made in
the settlement of controversies
arising in their particular fields.
4. Body of doctrines and decisions
dealing
with
the
creation,
operation
and
effect
of
determinations and regulations of
such administrative authorities.
Administrative Body or Agency: Public
Office
- Organ of government, other than a
court and other than a legislature,

which affects the rights of private


parties either through adjudication
or rule-making.
- Criterion: a body or agency is
administrative where its functions
is primarily regulatory even if it
conducts hearings and determines
controversies to carry out its
regulatory duty. On its rule-making
authority, it is administrative when
it does not have discretion to
determine what the law shall be
but merely prescribes details for
the enforcement of the law.
How Created and Abolished:
- Constitutional provisions (COA,
COMELEC, CSC, Ombudsman, CHR,
CB, NAPOLCOM, NEDA)
- Legislative enactment
- Authority of law
PRO & CON
PRO expert in their particular
field; administrative functions that could
not be performed by Congress or the
Court (ex. Fixing rates, money claims,
franchising, etc.)
CON arbitrary, lack of legal
knowledge, political bias, disregard fair
hearing, absence of standard rules of
procedure, dangerous combination of
legislative-executive-judicial functions.
Types of Admin. Agencies
1. Offers gratuity, grant or special
privileges (PVAO, GSIS, SSS PAO)
2. Seeks to carry on certain functions
of government (BIR, BID, CSC,
Central Bank, Customs, LRA)

3. Performs business service for the


public
(NEA,
NFA,
NHA,
PhilPostCorp, PNR, MWSA)
4. Regulates business affected with
public interest (ERB, NTC, LTFRB,
Phil. Patent Office)
5. Seeks under police power to
regulate private business and
individuals (SEC, MTCRB, GAB, PRC)
6. Seeks
to
adjust
individual
controversies because of a strong
social policy (ECC, PAGIBIG, DAR,
NLRC)
7. Seeks to conduct investigation and
gather
evidence
for
info,
recommendation or prosecution of
crimes (CHR, NBI, Prosecution
Office, Truth Commission)
8. ADMINISTRATIVE ORGANIZATION
CONSTITUTION/Admin. Code of 1987:
Legislative power Congress
Executive power President
Judicial Power Supreme Court
and such lower courts established by law
Independent
Constitutional
Commissions
Office of President/Departments
(DFA, DOF, DOJ, DA, DPWH, DepEd,
DOLE, DND, DOH, DTI, DAR, DILG, DOT,
DER, DOTC,DSWD, DBM, DOST)
POWERS & FUNCTIONS
Powers: Quasi-Legislative
- Quasi-Judicial
- Incidental
Functions: Investigative
- Rule-making
- Determinative
Investigatory Power
- Inspect and examine

- Require attendance of witnesses,


compel testimony and produce
evidence
- Hearing (although not necessary
party)
- Contempt proceeding
Rule-Making Powers
- This is the exercise of delegated
legislative power, involving no
discretion as to what the law shall
be, but merely the authority to fix
the details in the execution or
enforcement of a policy set out in
the law itself. (ex. Implementing
Rules & Regulations, LOI, Executive
Orders)
Rule-making-Requisites of validity:
1. It must be issued on the authority
of law;
2. Not contrary to law and
Constitution
3. Reasonable.
4. Publication
With Penal Provisions:
The law must itself declare as
punishable the violation of the rule or
regulation
The law shall define or fix the penalty
for the violation of the rule or
regulation.
The rule must be published in the
Official Gazette.
Adjudicatory Powers
Proceedings partake of the nature of
judicial proceedings. Administrative
body is granted the authority to
promulgate its own rules of

procedure. Requisites of procedural


due process must be complied with.
Administrative
Due
Process
(Ang Tibay v. CIR) REQUISITES- Right to a hearing;
Tribunal must consider evidence
presented;
Decision must have something to
support itself;
Evidence must be substantial;
Decision must be based on the
evidence adduced at the hearing
or at least contained in the record
and disclosed to the parties;
The Board or its judges must act on
its
or
their
independent
consideration of the facts and the
law of the case, and not simply
accept the views of a subordinate
in arriving at a decision;
Decision must be rendered in such
a manner that the parties to the
controversies can know the various
issues involved and the reasons for
the decision rendered.
EXHAUSTION OF ADMINISTRATIVE
REMEDIES
DOCTRINE: whenever there is an
available
administrative
remedy
provided by law, no judicial recourse can
be made until all such remedies have
been availed of and exhausted.
Reasons for the Doctrine
If relief is sought from a superior
administrative agency, resort to
the court may be unnecessary.
The administrative agency should
be given a chance to correct its
error.

Principle
of
comity
and
convenience requires the courts to
stay their hand until the
administrative
processes
are
completed.
Since
judicial
review
of
administrative decisions is usually
made thru special civil actions,
such proceedings will not normally
prosper if there is another plain,
speedy and adequate remedy in
the ordinary course of law.
Corollary Principles
Doctrine of Prior Resort (aka)
primary administrative jurisdiction.
No resort to court until such
administrative body shall have
acted upon the matter.
Doctrine
of
finality
of
administrative action. No resort to
court
allowed
unless
the
administrative action has been
completed and there is nothing left
to be done in the administrative
structure.
Effect
of
failure
to
exhaust
administrative remedies.
The jurisdiction of the court is not
affected; but the complainant is
deprived of a cause of action which is a
ground for a motion to dismiss.
However, if no motion to dismiss is filed
on this ground, there is deemed to be a
waiver. (Soto v. Jareno, 144 SCRA 116)
EXCEPTIONS:
Doctrine
of
Exhaustion
of
Administrative Remedies is not a hard
and fast rule, subject to limitations and
exceptions:

Doctrine of Qualified Political


Agency: when the respondent is a
department secretary whose acts,
as an alter ego of the President,
bears the implied approval of the
latter;
Where there is violation of due
process.
When the issue involved is purely a
legal question;
When the administrative body is in
estoppel;
When it would amount to a
nullification of a claim;
Exceptions--2
When the act complained of is
patently illegal and amounts to
lack or excess of jurisdiction;
When to require exhaustion of
administrative remedy would be
unreasonable;
When irreparable damage will be
suffered;
When strong public interest is
involved;
When the claim involved is small;
When the subject matter is a
private land in land case
proceedings;
Exceptions--3
When there are circumstances
indicating the urgency of judicial
intervention and unreasonable
delay would greatly prejudice the
complainant;
When no administrative review is
provided by law;
When there is no other plain,
speedy and adequate remedy;

When the issue of non-exhaustion


of administrative remedies has
been
rendered
moot
and
academic;
In quo warranto proceedings.
JUDICIAL REVIEW OF ADMINISTRATIVE
DECISIONS
Rule: Except when the constitution
requires or allows it, judicial review may
be granted or withheld as Congress
chooses. Thus, the law may provide that
a
determination
made
by
an
administrative agency shall be final and
ir-reviewable. In such a case, there is no
violation of due process.
BASES OF JUDICIAL REVIEW:
1. CONSTITUTION
2. STATUTES
3. GENERAL PRINCIPLES OF LAW.
BASIC APPROACH TO JUDICIAL REVIEW
Questions of law or validity are for the
Court, while questions of fact, policy or
discretion are determined by the
administrative agency.
It is well settled rule that findings of
facts on executive decisions in matters
within their jurisdiction are entitled to
respect from the courts in the absence of
fraud, collusion, or grave abuse of
discretion.
Questions subject of Judicial Review
Question of Law
Question of Fact (court precluded
from reviewing question of fact
except: (a) when expressly allowed
by law; (b) fraud, imposition or
mistake other than error of
judgment in evaluating evidence
and (c) error in appreciation of the

pleadings and in interpretation of


the
documentary
evidence
presented by the parties;
Mixed Question of Law and Fact
(Brandeis Doctrine of Assimilation
of Facts- where what purports to
be a finding upon a question of
fact is so involved with and
dependent upon a question of law
as to be in substance and effect a
decision on the latter, the Court
will, in order to decide the legal
question, examine the entire
record including the evidence if
necessary.)
Rules for exercise of Judicial Review
Findings of fact are respected as
long as they are supported by
substantial evidence, even if not
overwhelming or preponderant.
It is not for the reviewing court to
weigh the conflicting evidence,
determine the credibility of
witnesses, or otherwise substitute
its judgment for that of the
administrative agency on the
sufficiency of evidence.
The administrative decision on
matters within the executive
jurisdiction can only be set aside
on proof of grave abuse of
discretion, fraud, collusion or error
of law.
METHODS OF REVIEW
Direct or collateral: damage suits, etc.
Statutory: declaratory relief
appeal
injunction
declaratory judgment

Non-statutory:
certiorari
mandamus
quo warranto
prohibition
habeas corpus
It is elementary in statutory
construction
that
an
administrative circular cannot
supersede, abrogate, modify or
nullify a statute. A statute is
superior to an administrative
circular, thus the latter cannot
repeal or amend it. In the present
case, NCC No. 67, being a mere
administrative circular, cannot
repeal a substantive law like RA
7160.
RP v. Phil. Rabbit Bus Lines, 32
SCRA 211 (1970)
The government can do no wrong.
It authorizes only legal acts by its
officers. Its officers and agents do
wrong or commit unauthorized
acts. xxx If the mistake or error
causes prejudice to another and it
is done in bad faith or beyond the
scope of his authority, he alone is
liable therefor and he cannot
invoke the non-suability of the
state as a defense against his
personal liability.
Sanders v. Veridiano II, 162 SCRA
88 (1988)
The legal presumption is that
official duty has been duly
performed. This presumption is
particularly strong as regards
administrative agencies vested
with powers which are quasi-

judicial in nature, in connection


with enforcement of laws affecting
particular fields of activity, the
proper
regulation
and/or
promotion of which requires a
technical or special training, aside
from a good knowledge and grasp
of the over all conditions, relevant
to said fields, obtaining in the
nation. For this reason, unless
there is absolutely no evidence to
support its decision or finding of
such evidence is clearly, manifestly
and patently insubstantial, findings
of fact of an administrative agency
are accorded respect and finality.

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